Wysong VS Nestle/Purina Petition - Havanese Forum : Havanese Forums
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post #1 of 11 (permalink) Old 03-05-2009, 05:12 PM Thread Starter
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Exclamation Wysong VS Nestle/Purina Petition

I've become a big fan of Wysong after I discovered that they offer a supplement treatment that is a better alternative than the veterinary prescribed diets for oxalate bladder stones (Biotic pH +). Anyways, please sign the petition as this this will affect the all holistic & natural pet food companies using probiotics NOT just Wysong.

http://www.wysong.net/wysong-vs-purina.php
*link to petition on site*

News Release

Midland, Michigan – Nestec S.A. (better known as Nestle), parent company of Purina, a pet food manufacturer based in St. Louis, Missouri, and Wysong Corporation, a health education and nutritional development company in Midland, Michigan, have filed suits against one another in the Eastern District Federal Court in Missouri.

The suits are related to a technology invented by Dr. Wysong in the early 1980’s to enrobe pet and human foods with probiotics. These are health giving organisms, such as found in yogurt, that can boost the immune system, fight pathogens, produce nutrients and growth factors, and help digestion.

Although Wysong did not seek a patent, it has used the technology in both animal and human foods since the early 1980s. Due in large part to Wysong’s educational efforts and product development, probiotics have become a part of the collective health consciousness of the public and food industry. Of late, many natural pet food companies have begun using Dr. Wysong’s technology as well.

Nestle/Purina obtained a patent granted in 1999 for the same technology. To this date, however, Purina has not incorporated probiotics in its own products—although its patent describes in detail the many health benefits of probiotics. Instead, it is attempting to prevent Wysong and other companies from using probiotics unless a licensing fee (tax) is paid to Purina.

A patent is not valid if the invention (prior art) exists in the public domain prior to the patent. The evidence of Wysong’s prior art for over fifteen years before the 1999 Nestle patent was granted is, according to Wysong, incontrovertible and ample. In fact, in 2004 just a portion of Wysong’s prior art evidence swayed a European patent review board to deny Nestle/Purina a like European patent. The decision was upheld on Appeal.

These facts have been repeatedly made known to, but ignored by Nestle/Purina. Purina’s ultimatum is that Wysong either pay sales-based licensing fees (essentially, a tax) going back six years and forward into the future, or pay for expensive patent litigation that can run into the millions.

Wysong, a small family owned company, is unwilling to pay licensing fees to the multibillion dollar Nestle/Purina for what amounts to Wysong’s own invention, and consequently now finds itself being sued by a company literally hundreds of times its size. Purina takes the position that since they were granted a patent they intend to enforce it and extract commissions from all natural pet food companies using probiotics.

Wysong argues that the patent should have never been granted by the United States Patent and Trademark Office, is invalid and unenforceable, and that any attempt by Purina to use the threat of litigation costs to force licensing fees is unethical and illegal. Wysong publicized and used the technology in products distributed nationally for more than 15 years prior to the patent. Therefore, Wysong claims that the patent holders copied Wysong art and did not fulfill their duty to reveal this to the patent office when filing. Moreover, since Purina claims Wysong is now infringing, Wysong says it must have been “infringing” for the fifteen years prior to the patent, thus denying the patent's very validity.

Thus, Wysong has either filed or is exploring the filing of claims against Purina for Sherman Act violations/patent misuse, misleading the United States Patent Office, failing to comply with the U.S. Patent Laws, including 35 USC §101-103, 111-113 and 133, improper attempts to monopolize the market, unfair competition, antitrust violations, false advertising under the Lanham Act, state claims for deceptive trade practices, RICO violations, and punitive damages under the Clayton Act.

More is at stake than a giant company out-muscling a small one. If Purina succeeds, they will, in effect, be imposing a tax on all companies who have followed Wysong’s lead and now use probiotics. This tax will significantly increase the cost to manufacturers, distributors, and stores, as well as to consumers wanting to use healthy pet foods. Over time, this could amount to hundreds of millions of dollars in increased costs for the natural pet food industry and their customers. For updates and a lively forum, visit www.wysong.net.

Wysong Corporation
989.631.0009
989.631.9280
[email protected]
www.Wysong.net
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post #2 of 11 (permalink) Old 03-05-2009, 07:39 PM
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Purina may not add it to their foods but they sell FortaFlora that is a probiotic you can add. They do actually have a prescription diet food called the GI pack. It is their prescription food coupled with the fortaflora packs. My girls on this as they seem to be prone to pancreatitis. I'm off to sign the petition! Thanks for this info.

Blessings, Luna and the girls
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post #3 of 11 (permalink) Old 03-05-2009, 08:56 PM
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Thanks for the info. I feed Tess Wysong. With all of her food allergies I'm really limited to the kibble I can feed her and Wysong's Anergen has worked really well - especially since she's a very picky eater. It's been an added benefit to be able to support a small privately owned company right here in Michigan.

Jill - Tess & Cody's mom
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post #4 of 11 (permalink) Old 03-06-2009, 12:19 AM Thread Starter
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Thanks for signing it! I really don't want to see them being eaten alive by Purina..
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post #5 of 11 (permalink) Old 03-06-2009, 02:09 PM
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I hate to see any small company taken over by a huge one. I was happy to sign. Thanks for bringing it to my attention.

Blessings, Luna and the girls
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post #6 of 11 (permalink) Old 03-10-2009, 10:22 PM Thread Starter
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Such a dog eat dog world out there, someone has to stick up for the lil ones!
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post #7 of 11 (permalink) Old 03-10-2009, 10:44 PM
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Thanks for this info. I have signed it.

Meeka
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post #8 of 11 (permalink) Old 03-10-2009, 11:24 PM
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Quote:
Originally Posted by Jill in Mich View Post
Thanks for the info. I feed Tess Wysong. With all of her food allergies I'm really limited to the kibble I can feed her and Wysong's Anergen has worked really well - especially since she's a very picky eater. It's been an added benefit to be able to support a small privately owned company right here in Michigan.
A gut that's not getting enough probiotics and is overloaded with yeast can mimic allergies with foods. Probiotics can be delicate little critters. The refrigerated kind has more of a guarantee that the probiotics are actually alive and willing to go to work. I think instead of buying a food with a probiotic in it, I'd use one of the top 5 listed probiotics on the market. I can't remember them all but NOW is one and is pretty cheap in a grocery store or health food store. You can get it for about 6.50 but if you start looking at pet probiotics the price goes through the roof for no reason other than profit.
I researched this for over 2 years as I lived with it. There were several foods that if I ate I itched, especially at bedtime and would wake my husband up several times a night with my legs going all over the bed. I was dx with restless leg syndrome and instead it was an overgrowth of yeast in the gut. If you take an antibiotic, that antibiotic is great for killing bacteria however it kills the bad as well as the good. Probiotics should be given at least 2 hours after taking an antibiotic.
If you're dealing with any type of food allergy (you, et al...dog and human) look into a yeast overgrowth diet and a good probiotic and try that for a few months and you may find out there is no allergy.

Jan
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post #9 of 11 (permalink) Old 03-10-2009, 11:34 PM
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I kept trying to sign it but it says my zip code isn't right. I even tried using the next street over and it still said the same thing.

Jan
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post #10 of 11 (permalink) Old 03-11-2009, 12:16 AM Thread Starter
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Quote:
Originally Posted by JASHavanese View Post
A gut that's not getting enough probiotics and is overloaded with yeast can mimic allergies with foods. Probiotics can be delicate little critters. The refrigerated kind has more of a guarantee that the probiotics are actually alive and willing to go to work. I think instead of buying a food with a probiotic in it, I'd use one of the top 5 listed probiotics on the market. I can't remember them all but NOW is one and is pretty cheap in a grocery store or health food store. You can get it for about 6.50 but if you start looking at pet probiotics the price goes through the roof for no reason other than profit.
I researched this for over 2 years as I lived with it. There were several foods that if I ate I itched, especially at bedtime and would wake my husband up several times a night with my legs going all over the bed. I was dx with restless leg syndrome and instead it was an overgrowth of yeast in the gut. If you take an antibiotic, that antibiotic is great for killing bacteria however it kills the bad as well as the good. Probiotics should be given at least 2 hours after taking an antibiotic.
If you're dealing with any type of food allergy (you, et al...dog and human) look into a yeast overgrowth diet and a good probiotic and try that for a few months and you may find out there is no allergy.
I find it amazing how much they can charge because they know ppl are willing to spend it on their pet. I still get sticker shock when I see doggy hoodies for $50. You know it didn't cost them THAT much to make it as its little and takes a minimal amount of fabric. I'd say most people on average don't spend $50 on a hoodie.

Thanks for all the info about probiotics. Have you heard of them treating peanut allergies? My 2.5 year old niece is deathly allergic to peanuts and I happen to be a peanut butter addict among many others in my family. Its amazing how many products have to be avoided due to this allergy for her and everyone around her. Poor kid but at least she got it before she knew what it tasted like..
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